Satpal Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 101+209 Date of Decision: 15.07.2025 SATPAL SINGH

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. A.S.Sekhon, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG Punjab.

Mr. Munish Gulati, Advocate for complainant.

***** KIRTI SINGH , J. (Oral) CRM-26690-2025 This is an application for placing of record copy of reply on behalf of complainant.

Allowed as prayed for.

CRM-M-1246-2025 1.

Apprehending his arrest the petitioner has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case bearing FIR No.219 dated 29.11.2024, under Sections 64(1) & 351 of BNS, 2023 (previously Sections 376/506 IPC), registered at Police Station City South Moga, District Moga. 2.

This Court while issuing notice of motion on 27.02.2025 passed the following order:- "Apprehending arrest in FIR No.219 dated 29.11.2024, under Sections 64(1) & 351 of BNS, 2023 (previously Sections 376/506 IPC), registered at Police Station City South Moga, District Moga, the petitioner has preferred this petition under Section 482 BNSS, 2023 for grant of pre-arrest bail.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The alleged incident pertains to an occurrence from seven years ago, and it is highly improbable that the prosecutrix remained silent for such an extended period if any overt act had indeed taken place. Now the prosecutrix is 25 years old. It is further submitted that the medical evidence does not support the allegations made by the prosecutrix. As per the medical opinion, there is no proof of pregnancy or sexual assault. Additionally, the evidence collected by the police from the hotel indicates that the prosecutrix herself provided her Aadhaar card for booking the room.

In the meanwhile, the arrest of the petitioner shall remain stayed till the next date of hearing and the petitioner shall join investigation before the Investigating Agency/Officer. List on 28.03.2025."

3.

Learned counsel for the complainant has vehemently opposed the grant of anticipatory bail to the petitioner and submits that serious and specific allegations are levelled against him. He further submits that petitioner has been continuously threatening the victim/complainant. 4.

Status report dated 11.07.2025 has been filed by learned State counsel, in Court today, which is taken on record. Learned State counsel on instructions submits that in compliance of order dated 27.02.2025, the petitioner has joined the investigation and is not required for any further investigation. As per the said status report, it is stated that the complainant had filed an application before the SSP, Moga, alleging that the petitioner was threatening her. On the basis of the said application, an enquiry was conducted by the SHO, PS City South Moga. During the enquiry, all the allegations levelled by the complainant were found to be false. Upon completion of the enquiry, the said application of the complainant has been filed.

5.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 27.02.2025 passed by this Court, is hereby made absolute.

6.

This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 7.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

8.

The accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer.

9.

The accused/petitioner shall not leave India without prior permission of the Court.

10.

The accused/petitioner shall join the investigation as and when called by the police.

11.

It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as absconding, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. Pending application(s), if any, also stands disposed of accordingly.

(KIRTI SINGH) 15.07.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No